The 8th Amendment

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Amendment XIII, U.S. Constitution

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  • issue of The Illustrated Police News, May 4, 1878

    Wilkerson v. Utah

    99 U.S. 130 (1879)

    Is a sentence of death by firing squad a “cruel and unusual” punishment for the crime of murder?

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  • In Re Kemmler

    136 U.S. 436 (1890)

    Is a sentence of death by the electric chair a “cruel and unusual” punishment for the crime of murder?

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  • Weems v. United States

    217 U.S. 349 (1910)

    Is a severe sentence of cadena temporal a “cruel and unusual” punishment for the crime of falsifying a document?

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  • Gregg v. Georgia

    428 U.S. 153 (1976)

    Is the death penalty a “cruel and unusual” punishment for the crime of murder?

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  • Penry v. Lynaugh

    492 U.S. 302 (1989)

    Is the death penalty a cruel and unusual punishment for a mentally retarded offender convicted of capital murder? 

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  • Daryl Atkins (in white) sits with his attorneys Friday after he was found mentally competent by a Virginia jury. A judge immediately scheduled his execution | Credit: Sangjib Min, AP

    Atkins v. Virginia

    536 U.S. 304 (2002)

    Is the death penalty a “cruel and unusual” punishment for a mentally retarded offender? 

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